Alaska Statutes § 15.13.040 Contributions, expenditures, and supplying of services to be reported
Statute Text
(a)
Except as provided in (g) and (
l
) of this section, each candidate shall make a full report, upon a form prescribed by the commission,
(1)
listing
(A)
the date and amount of all expenditures made by the candidate;
(B)
the total amount of all contributions, including all funds contributed by the candidate;
(C)
the name, address, date, and amount contributed by each contributor; and
(D)
for contributions in excess of $50 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and
(2)
filed in accordance with
AS
15.13.110
and certified correct by the candidate or campaign treasurer.
(b)
Each group shall make a full report upon a form prescribed by the commission, listing
(1)
the name and address of each officer and director;
(2)
the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, "contributor" means the true source of the funds, property, or services being contributed; and
(3)
the date and amount of all contributions made by it and all expenditures made, incurred, or authorized by it.
(c)
The report required under (b) of this section shall be filed in accordance with
AS
15.13.110
and shall be certified as correct by the group's treasurer.
(d)
Every person making an independent expenditure shall make a full report of expenditures made and contributions received, upon a form prescribed by the commission, unless exempt from reporting.
(e)
Each person required to report under (d) of this section shall file a full report in accordance with
AS
15.13.110
(h)
on a form prescribed by the commission. The report must contain
(1)
the name, address, principal occupation, and employer of the individual filing the report;
(2)
an itemized list of all expenditures made, incurred, or authorized by the person;
(3)
the name of the candidate or the title of the ballot proposition or question supported or opposed by each expenditure and whether the expenditure is made to support or oppose the candidate or ballot proposition or question;
(4)
the name and address of each officer and director, when applicable;
(5)
the aggregate amount of all contributions made to the person, if any, for the purpose of influencing the outcome of an election; for all contributions, the date of the contribution and amount contributed by each contributor; and, for a contributor
(A)
who is an individual, the name and address of the contributor and, for contributions in excess of $50 in the aggregate during a calendar year, the name, address, principal occupation, and employer of the contributor; or
(B)
that is not an individual, the name and address of the contributor and the name and address of each officer and director of the contributor.
(f)
During each year in which an election occurs, all businesses, persons, or groups that furnish any of the following services, facilities, or supplies to a candidate or group shall maintain a record of each transaction: newspapers, radio, television, advertising, advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation or management, media production or preparation, or computer services. Records of provision of services, facilities, or supplies shall be available for inspection by the commission.
(g)
The provisions of (a) and (
l
) of this section do not apply to a delegate to a constitutional convention, a judge seeking judicial retention, or a candidate for election to a municipal office under
AS
15.13.010
, if that delegate, judge, or candidate
(1)
indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seeking election to office, including both the primary and general elections;
(2)
accepts contributions totaling not more than $5,000 in seeking election to office, including both the primary and general elections; and
(3)
makes expenditures totaling not more than $5,000 in seeking election to office, including both the primary and general elections.
(h)
The provisions of (d) of this section do not apply to one or more expenditures made by an individual acting independently of any other person if the expenditures
(1)
cumulatively do not exceed $500 during a calendar year; and
(2)
are made only for billboards, signs, or printed material concerning a ballot proposition as that term is defined by
AS
15.13.065
(c)
.
(i)
The permission of the owner of real or personal property to post political signs, including bumper stickers, or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter unless the owner customarily charges a fee or receives payment for that activity. The fact that the owner customarily charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political signs.
(j)
Except as provided in (
l
) of this section, each nongroup entity shall make a full report in accordance with
AS
15.13.110
upon a form prescribed by the commission and certified by the nongroup entity's treasurer, listing
(1)
the name and address of each officer and director of the nongroup entity;
(2)
the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election;
(3)
for all contributions described in (2) of this subsection, the name, address, date, and amount contributed by each contributor, for all contributions described in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor, and for all contributions described in (2) of this subsection in excess of $2,000 in the aggregate during a calendar year, the true source of such contributions and all intermediaries, if any, who transferred such funds, and a certification from the treasurer that the report discloses all of the information required by this paragraph; and
(4)
the date and amount of all contributions made by the nongroup entity, and, except as provided for certain independent expenditures in
AS
15.13.135
(a)
, all expenditures made, incurred, or authorized by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500.
(k)
Every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of influencing the outcome of a proposition, and every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of filing an initiative proposal application under
AS
15.45.020
or that has filed an initiative proposal application under
AS
15.45.020
, shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made. The report must include the name, address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that group by that individual, person, nongroup entity, or group during the calendar year.
(l)
Notwithstanding (a), (b), and (j) of this section, for any fund-raising activity in which contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or nongroup entity shall report contributions and expenditures and supplying of services under this subsection as follows:
(1)
a report under this subsection must
(A)
describe the fund-raising activity;
(B)
include the number of persons making contributions and the total proceeds from the activity;
(C)
report all contributions made for the fund-raising activity that do not exceed $50 a person in amount or value; if a contribution for the fund-raising activity exceeds $50, the contribution shall be reported under (a), (b), and (j) of this section;
(2)
for purposes of this subsection,
(A)
"contribution" means a cash donation, a purchase such as the purchase of a ticket, the purchase of goods or services offered for sale at a fund-raising activity, or a donation of goods or services for the fund-raising activity;
(B)
"fund-raising activity" means an activity, event, or sale of goods undertaken by a candidate, group, or nongroup entity in which contributions are $50 a person or less in amount or value.
(m)
Information required under this chapter shall be submitted to the commission electronically, except that the following information may be submitted in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission:
(1)
information submitted by
(A)
a candidate for election to a borough or city office of mayor, membership on a borough assembly, city council, or school board, or any state office, who
(i)
meets the requirements of (g)(1) - (3) of this section; or
(ii)
does not have reasonable access to the technology necessary to file electronically; in this sub-subparagraph, a candidate is considered not to have reasonable access to the technology necessary to file electronically if the candidate does not own a personal computer or does not have broadband Internet access at the candidate's residence; in this sub-subparagraph, "broadband Internet access" means high-speed Internet access that is always on and that is faster than traditional dial-up access; or
(B)
a candidate for municipal office for a municipality with a population of less than 15,000; in this subparagraph, "municipal office" means the office of an elected borough or city
(i)
mayor; or
(ii)
assembly, council, or school board member;
(2)
any information if the commission determines that circumstances warrant an exception to the electronic submission requirement.
(n)
The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page.
(o)
Information required by this chapter that is submitted to the commission on paper and not electronically shall be electronically scanned and published on the Internet by the commission, in a format accessible to the general public, within two working days after the commission receives the information.
(p)
Notwithstanding the requirement in (a) of this section that a candidate shall make a full report upon a form prescribed by the commission, the commission shall accept information submitted electronically by a candidate if the information is
(1)
entered onto a version of a form accessed on the Internet website of the commission; or
(2)
in the form of an electronic spreadsheet or data file that contains field names and data types that conform to a standard defined by the commission.
(q)
For purposes of (b), (e), and (j) of this section, "contributor" means the true source of the funds, property, or services being contributed.
(r)
Every individual, person, nongroup entity, or group that contributes more than $2,000 in the aggregate in a calendar year to an entity that made one or more independent expenditures in one or more candidate elections in the previous election cycle, that is making one or more independent expenditures in one or more candidate elections in the current election cycle, or that the contributor knows or has reason to know is likely to make independent expenditures in one or more candidate elections in the current election cycle shall report making the contribution or contributions on a form prescribed by the commission not later than 24 hours after the contribution that requires the contributor to report under this subsection is made. The report must include the name, address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that entity by that individual, person, nongroup entity, or group during the calendar year. For purposes of this subsection, the reporting contributor is required to report and certify the true sources of the contribution, and intermediaries, if any, as defined by
AS
15.13.400
(18)
. This contributor is also required to provide the identity of the true source to the recipient of the contribution simultaneously with providing the contribution itself.
(s)
For purposes of (e) of this section,
(1)
"director" means a member of the board of directors of a corporation or any person performing a similar function with respect to any organization;
(2)
"officer" means a president, vice-president, secretary, treasurer, principal financial officer, or comptroller of a corporation, or any person routinely performing functions similar to those of a president, vice-president, secretary, treasurer, principal financial officer, or comptroller with respect to any organization.
History
Amended by 2020 Ballot Measure 1, passed by voters in 11/3/2020 election, eff. 2/1/2021 .
Amended by SLA 2012 , ch. 1 , §§sec. 1 , sec. 2 eff. 12/1/2011 .
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